Defence Claims: A Guide
It is to be noted that in all cases coverage under the Eagle Ocean Marine Defence cover is discretionary. Eagle Ocean Marine, through the claims team in London will in each case consider the merits of claims presented where the Insured requires indemnity for legal costs and expenses in pursuing or defending claims in respect of contractual disputes as identified under the insurance.
The factors that will be considered by the claims team where deciding to what extent, if any, cover will extended in respect of any dispute can be summarised as follows:
The applicable law and jurisdiction:
The value of the claim or sum in issue or the commercial significance of the dispute:
Level of legal costs and expenses likely to be incurred:
The legal merit of the Insured's position:
Any alternative means available to the Insured for dispute resolution: (i.e. mediation)
The prospect of successfully enforcing any judgment or award by or against the Insured:
The conduct of the Insured:
The importance of any legal issue arising that may be of general importance to the shipping community generally.
It is incumbent on the Insured to take the advice of the claims team prior to appointing lawyers and other advisors. Failure to do so might prejudice cover.
All potential Defence matters must be notified to the claims team in London.